Authorization To Manufacture and Distribute Postage Evidencing Systems, 13980-13982 [2024-03079]
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13980
Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Rules and Regulations
2. Amend § 1150.15 by revising
paragraphs (a)(4) and (d) to read as
follows:
§ 1150.15
Disputes.
(a) * * *
(4) Sent to the address found on our
website (https://www.fda.gov/tobaccoproducts/manufacturing/tobacco-userfees).
*
*
*
*
*
(d) A request for further Agency
review under § 10.75 of this chapter
may be submitted. Such a request must
be submitted in writing by the domestic
manufacturer or importer and received
by FDA within 30 days from the date on
FDA’s response. The request for further
Agency review must be legible, in
English, and submitted to the address
found on our website (https://
www.fda.gov/tobacco-products/
manufacturing/tobacco-user-fees).
Dated: February 20, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024–03777 Filed 2–23–24; 8:45 am]
BILLING CODE 4164–01–P
POSTAL SERVICE
39 CFR Part 501
Authorization To Manufacture and
Distribute Postage Evidencing
Systems
Postal ServiceTM.
ACTION: Final rule.
AGENCY:
The Postal Service is
amending its Postage Evidencing
Systems (PES) regulations to ensure
compliance for Automated
Clearinghouse or ACH payment
transactions and to clarify obligations
related to all payments. These changes
require the applicable resetting
company (RC) and PC Postage provider
to comply with the latest NACHA rules
published by the North American
Clearing House Association for ACH
transactions. These changes also require
the applicable RC and PC Postage
provider to obtain and store an
agreement with each customer utilizing
ACH debit as a payment method.
Failure to comply may result in
revocation of access to applicable Postal
Service ACH programs.
DATES: Effective March 27, 2024.
FOR FURTHER INFORMATION CONTACT:
Douglas Graham, Banking Manager,
United States Postal Service, 475
L’Enfant Plaza SW, RM 8134,
Washington, DC 20260. Phone: (202)
268–2188.
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SUMMARY:
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15:53 Feb 23, 2024
Jkt 262001
The Postal
Service issued proposed revisions to 39
CFR part 501, set forth in the Federal
Register on November 20, 2023 (Vol. 88,
No. 222). It proposed amending the
Postage Evidencing Systems regulations
to ensure compliance for Automated
Clearinghouse or ACH payment
transactions and to clarify obligations
related to all payments. Two sets of
comments were received in response to
the Federal Register Notice from
industry participants.
noncompliance of NACHA rules is
duplicative of the existing requirement
for a remediation plan as a part of the
SOC process. If the requirement is
retained, one commentor recommends
that the Postal Service should provide
the text of the attestation or clarify what
the attestation must contain.
NACHA Rules Compliance
ACH Debit Agreement
Industry Comments
The proposal that PES providers must
comply with NACHA rules received
comments highlighting the need for
clarification on which version of the
NACHA rules will apply, as the rules
are regularly updated. The commentors
suggest including a provision for a grace
period for PES providers to adopt and
comply with future updates, which
could either be fixed, or flexible and
proportionate to the scope and
complexity of future changes.
Industry Comments
SUPPLEMENTARY INFORMATION:
■
Postal Service Response
The rule will be re-worded to specify
‘‘must comply with the most recently
published edition of NACHA Operating
Rules & Guidelines, published by
NACHA annually.’’ It is not the
intention through this rulemaking to
alter or supersede NACHA rules, but to
follow existing NACHA rules and
compliance that industry should
reasonably understand and expect.
Under this approach, the Postal Service
cannot provide NACHA compliance
exemptions as any entity involved in
ACH related activity must already
comply with NACHA rules, therefore
the Postal Service will also not specify
‘‘sections to comply with’’ nor ‘‘grace
periods’’. Changes to the NACHA
Operating Rules and Guidelines
typically provide for future dated
requirements and therefore an
implementation period is normally
provided within the NACHA rules.
NACHA Attestation of Compliance
Industry Comments
Commentors expressed opposition to
the proposal’s requirement for an
annual written attestation of compliance
for PES providers. One commentor
opined that the requirement is
unnecessary, since PES providers are
already required to provide the Postal
Service with System and Organizational
Controls Reports (SOC 1 and SOC 2)
that incorporate NACHA compliance.
The proposed rule’s requirement of a
written plan to address any
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Fmt 4700
Sfmt 4700
Postal Service Response
The requirement to provide an annual
written attestation of compliance will be
removed.
Commentors expressed concerns
about the proposed rule’s new recordkeeping requirements for ACH
agreements for PES providers. One
commenter suggested revising the
requirements to minimize
administrative burden and focus only
on essential information. This
commenter proposes accommodating
customer agreements predating the rule
by either grandfathering them for a
specified period or providing an
extended grace period, such as 12 to 18
months, for historic account
information. The comment also argues
against duplicative elements, such as
the need for bank address information
for every customer agreement. Another
commenter also supports the idea of a
grace period for providers to obtain and
document the required contracts and
suggest making a bank address an
optional requirement, since it can be
derived from the Routing/ABA number.
Postal Service Response
1. Regarding supplying the bank
address information, it is agreed, and
that data element requirement will be
removed.
2. Regarding requiring signature
evidence of termination, it is agreed,
and that data element requirement will
be removed.
3. To comply with NACHA rules, the
ability to provide a copy of the ACH
Debit upon request must already be in
place, therefore ‘‘grandfathering’’ an
exemption to this requirement is not an
option. All customers of the providers
must have an ACH Debit Agreement on
file with the provider. All terminated
ACH Debit Agreements must have a
termination date noted on the agreement
and the agreement must be kept on file
for at least 2 years after the termination
date.
4. It is agreed that an ACH Debit
Agreement ‘‘form (hard copy or
electronic)’’ revision period will be
provided to update agreement ‘‘forms’’
to include the minimum data elements
E:\FR\FM\26FER1.SGM
26FER1
Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Rules and Regulations
listed until August 31, 2024. After the
revision period all newly accepted ACH
Debit Agreements must include the
minimum data elements listed. During
the revision period existing ACH Debit
Agreement ‘‘forms’’ may continue to be
used per item (3) above.
Reimbursement of Returned Payments
Industry Comments
One commenter expressed the view
that the proposed rule’s specific
timelines for reimbursement of the
Postal Service by PES providers for ACH
returned payments do not provide
sufficient time for PES providers to
work with customers on returned
payments. The commenter recommends
modifying the proposed sections to
extend the reimbursement timeframe.
Postal Service Response
This is a comment based on
§§ 501.15(g)(1) and 501.16(d)(1). While
the text of these rules is included in the
rulemaking, changes are not being made
to these existing provisions of the rule
that have been in effect prior to the
proposed rulemaking. No changes to
these existing provisions were intended
to be included in this proposal, and
none will be made in the final rule.
Additional Change
We also added one further conforming
change to § 501.16 to aid in the
implementation of these changes.
List of Subjects in 39 CFR Part 501
Administrative practice and
procedure, Postal Service.
PART 501—AUTHORIZATION TO
MANUFACTURE AND DISTRIBUTE
POSTAGE EVIDENCING SYSTEMS
1. The authority citation for part 501
continues to read as follows:
■
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
401, 403, 404, 410, 2601, 2605; Inspector
General Act of 1978, as amended (Pub. L. 95–
452, as amended); 5 U.S.C. App. 3.
2. Amend § 501.15 by revising
paragraph (g) to read as follows:
■
§ 501.15 Computerized Meter Resetting
System.
khammond on DSKJM1Z7X2PROD with RULES
*
*
*
*
*
(g) The RC must reimburse the Postal
Service for returned payments
promptly, comply with NACHA rules,
and maintain customer ACH debit
agreements.
(1) Financial responsibility for
returned payments. The RC is required
to reimburse the Postal Service upon
request for any returned payments. The
RC must, upon first becoming aware of
a returned payment, immediately lock
VerDate Sep<11>2014
15:53 Feb 23, 2024
Jkt 262001
the customer’s CMRS account to prevent
a meter reset until the RC receives
confirmation of payment for the
returned payment. If a fee, penalty or
fine is assessed against the Postal
Service for returned payments from an
RC’s customer, the Postal Service may
request reimbursement for such fee,
penalty or fine from the RC. The RC is
required to remit the amount of the
returned payment to the Postal Service
plus the reimbursement request, to the
extent applicable, within ten (10)
banking days. Invoices will be created
monthly for returns and/or applicable
penalties or fines incurred for the
previous month. The ten (10) banking
days will start once the invoice is
mailed. The RC has discretion to decide
whether to charge its customer for any
such reimbursement costs (of fees,
penalties, or fines) the RC pays to the
Postal Service in connection with the
customer’s returned payment.
(2) Responsibility to comply with
NACHA rules. The RC is required to
comply with the most recent edition of
the NACHA rules, published annually
by the North American Clearing House
Association. Failure to comply may
result in revocation of access to
applicable Postal Service ACH
programs.
(3) Responsibility to maintain
customer ACH agreements. The RC
must obtain and store an agreement
with each and every customer utilizing
ACH debit as a payment method. The
customer agreement must authorize the
RC to debit the designated bank account
identified to pay for postage through the
Postal Service account of its choice. The
agreement must have at least the
following elements: Company Name (if
applicable), Name and Title and
Address of the person entering into the
agreement, Contact Information (Phone
Number, Fax Number and eMail
Address as applicable), Date and
Signature (or appropriate electronic
signature evidence) of Agreement,
Customer’s Bank Name, Bank Routing
Number, Account Number and Account
Type (Checking or Savings, Business or
Personal) being agreed to transact upon,
an Attestation that the person
submitting the form is authorized to act
on behalf of the account, and
Termination Date of the Agreement (if
applicable). A revision period until
August 31, 2024, will be provided to
update agreement forms to include the
minimum data elements listed. The
agreement must be stored for at least
two years after termination of the
agreement, must be easily reproducible,
and must be provided electronically to
the Postal Service within three business
days of electronic written request by the
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Fmt 4700
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13981
Postal Service in a format that can be
easily and readily used for all NACHA
and ACH related purposes including,
without limitation, audit and defense of
claims. The Postal Service will provide
specific written guidance separately if
requested. Failure to comply may result
in revocation of access to applicable
Postal Service ACH programs.
*
*
*
*
*
■ 3. Amend § 501.16 by revising
paragraphs (d) and (i)(5)(ii)(C) to read as
follows:
§ 501.16 PC postage payment
methodology.
*
*
*
*
*
(d) The provider must reimburse the
Postal Service for returned payments
promptly, comply with NACHA rules,
and maintain customer ACH
agreements.
(1) Financial responsibility for
returned payments. The provider must
reimburse the Postal Service upon
request for any returned payments. The
provider must, upon first becoming
aware of a returned payment,
immediately lock the customer account
to prevent resetting the account until
the provider receives confirmation of
payment for the returned payment. If a
fee, penalty or fine is assessed against
the Postal Service for returned payments
from a provider’s customer, the Postal
Service may request reimbursement for
such fee, penalty or fine from the
provider. The provider is required to
remit the amount of the returned
payment plus the amount of the
reimbursement request, to the extent
applicable, to the Postal Service within
ten (10) banking days. Invoices will be
created monthly for returns and/or
applicable penalties or fines incurred
for the previous month. The ten (10)
banking days will start once the invoice
is mailed. The provider has discretion to
decide whether to charge its customer
for any such reimbursement costs (of
fees, penalties or fines) the provider
pays to the Postal Service in connection
with the customer’s returned payment.
(2) Responsibility to comply with
NACHA rules. The provider is required
to comply with the most recent edition
of the NACHA rules, published
annually by the North American
Clearing House Association. Failure to
comply may result in revocation of
access to applicable Postal Service ACH
programs.
(3) Responsibility to maintain
customer ACH agreements. The
provider must obtain and store an
agreement with each and every
customer utilizing ACH debit as a
payment method. The customer
agreement must authorize the provider
E:\FR\FM\26FER1.SGM
26FER1
khammond on DSKJM1Z7X2PROD with RULES
13982
Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Rules and Regulations
to debit the designated bank account
identified to pay for postage through the
Postal Service account of its choice. The
agreement must have at least the
following elements: Company Name (if
applicable), Name and Title and
Address of the person entering into the
agreement, Contact Information (Phone
Number, Fax Number and eMail
Address as applicable), Date and
Signature (or appropriate electronic
signature evidence) of Agreement,
Customer’s Bank Name, Bank Routing
Number, Account Number and Account
Type (Checking or Savings, Business or
Personal) being agreed to transact upon,
an Attestation that the person
submitting the form is authorized to act
on behalf of the account, and
Termination Date of the Agreement (if
applicable). A revision period until
August 31, 2024, will be provided to
update agreement forms to include the
minimum data elements listed. The
agreement must be stored for at least
two years after termination of the
agreement, must be easily reproducible,
and must be provided electronically to
the Postal Service within three business
days of electronic written request by the
Postal Service in a format that can be
easily and readily used for all NACHA
and ACH related purposes including,
without limitation, audit and defense of
claims. The Postal Service will provide
specific written guidance separately if
requested. Failure to comply may result
in revocation of access to applicable
Postal Service ACH programs.
(4) Credit cards. Unless otherwise
established in a written agreement
between the Postal Service and the
provider, the provider is fully
responsible for its own credit card
compliance.
*
*
*
*
*
(i) * * *
(5) * * *
(ii) * * *
(C) Authorizes the PC Postage
provider to disclose the customer’s
personal information to the Postal
Service, and such other information
retained by the PC Postage provider that
may enable the Postal Service to collect
debts owed to it, and has the proper
authority to disclose such information;
*
*
*
*
*
Sarah Sullivan,
Attorney, Ethics & Legal Compliance.
[FR Doc. 2024–03079 Filed 2–23–24; 8:45 am]
BILLING CODE 7710–12–P
VerDate Sep<11>2014
15:53 Feb 23, 2024
Jkt 262001
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 3160 and 9230
[BLM_HQ_FRN_MO4500177329]
RIN 1004–AE94
Onshore Oil and Gas Operations and
Coal Trespass—Annual Civil Penalties
Inflation Adjustments
Bureau of Land Management,
Interior.
ACTION: Final rule.
AGENCY:
This final rule adjusts the
amounts of civil monetary penalties
contained in the Bureau of Land
Management’s (BLM) regulations
governing onshore oil and gas
operations and coal trespass. This final
rule is required by the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 and
consistent with applicable Office of
Management and Budget (OMB)
guidance. The adjustments made by this
final rule constitute the 2024 annual
inflation adjustments and account for
one year of inflation spanning the
period from October 2022 through
October 2023.
DATES: This rule is effective on February
26, 2024.
FOR FURTHER INFORMATION CONTACT: For
information regarding the BLM’s Fluid
Minerals Program, please contact Yvette
Fields, Division Chief, Fluid Minerals
Division, telephone: 204–712–8358;
email: yfields@blm.gov. For information
regarding the BLM’s Solid Minerals
Program, please contact Rebecca Good,
Acting Division Chief, Solid Minerals
Division, telephone: 307–251–3487;
email: rgood@blm.gov.
For questions relating to regulatory
process issues, please contact Stephen
Pollard, Division of Regulatory Affairs,
email: spollard@blm.gov.
Individuals in the United States who
are deaf, deafblind, hard of hearing, or
have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
II. Calculation of 2024 Adjustments
III. Procedural Requirements
A. Administrative Procedure Act
B. Regulatory Planning and Review
(Executive Orders 12866 and 13563)
C. Regulatory Flexibility Act
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
D. Congressional Review Act
E. Unfunded Mandates Reform Act
F. Takings (E.O. 12630)
G. Federalism (E.O. 13132)
H. Civil Justice Reform (E.O. 12988)
I. Consultation With Indian Tribes (E.O.
13175 and Departmental Policy)
J. Paperwork Reduction Act
K. National Environmental Policy Act
L. Effects on the Energy Supply (E.O.
13211)
I. Background
On November 2, 2015, the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Sec. 701,
Pub. L. 114–74) (the 2015 Act) became
law, amending the Federal Civil
Penalties Inflation Adjustment Act of
1990 (Pub. L. 101–410).
On an annual basis, the 2015 Act
requires agencies to:
1. Adjust the level of civil monetary
penalties for inflation; and
2. Report inflation adjustments in the
Agency Financial Reports as directed by
OMB Circular A–136, or any successor
thereto.
The purpose of these adjustments is to
maintain the deterrent effect of civil
monetary penalties and promote
compliance with the law (see Sec 1,
Pub. L. 101–410).
As required by the 2015 Act, on June
28, 2016, the BLM issued an interim
final rule that adjusted the level of civil
monetary penalties in BLM regulations
with the initial ‘‘catch-up’’ adjustment
(RIN 1004–AE46, 81 FR 41860). In
subsequent years, the BLM has issued
final rules, adjusting the level of civil
monetary penalties for inflation, as
appropriate for 2017 to 2023.
OMB issued Memorandum M–24–07
on December 19, 2023, entitled,
Implementation of Penalty Inflation
Adjustments for 2024, Pursuant to the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015, which explains agency
responsibilities for identifying
applicable penalties and calculating the
annual adjustment for 2024 in
accordance with the 2015 Act.
II. Calculation of 2024 Adjustments
In accordance with the 2015 Act and
OMB Memorandum M–24–07, the BLM
has identified applicable civil monetary
penalties in its regulations and
calculated the annual adjustments. A
civil monetary penalty is any
assessment with a dollar amount that is
levied for a violation of a Federal civil
statute or regulation and is assessed or
enforceable through a civil action in
Federal court or an administrative
proceeding. A civil monetary penalty
does not include a penalty levied for
violation of a criminal statute, nor does
E:\FR\FM\26FER1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 38 (Monday, February 26, 2024)]
[Rules and Regulations]
[Pages 13980-13982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03079]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 501
Authorization To Manufacture and Distribute Postage Evidencing
Systems
AGENCY: Postal ServiceTM.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Postal Service is amending its Postage Evidencing Systems
(PES) regulations to ensure compliance for Automated Clearinghouse or
ACH payment transactions and to clarify obligations related to all
payments. These changes require the applicable resetting company (RC)
and PC Postage provider to comply with the latest NACHA rules published
by the North American Clearing House Association for ACH transactions.
These changes also require the applicable RC and PC Postage provider to
obtain and store an agreement with each customer utilizing ACH debit as
a payment method. Failure to comply may result in revocation of access
to applicable Postal Service ACH programs.
DATES: Effective March 27, 2024.
FOR FURTHER INFORMATION CONTACT: Douglas Graham, Banking Manager,
United States Postal Service, 475 L'Enfant Plaza SW, RM 8134,
Washington, DC 20260. Phone: (202) 268-2188.
SUPPLEMENTARY INFORMATION: The Postal Service issued proposed revisions
to 39 CFR part 501, set forth in the Federal Register on November 20,
2023 (Vol. 88, No. 222). It proposed amending the Postage Evidencing
Systems regulations to ensure compliance for Automated Clearinghouse or
ACH payment transactions and to clarify obligations related to all
payments. Two sets of comments were received in response to the Federal
Register Notice from industry participants.
NACHA Rules Compliance
Industry Comments
The proposal that PES providers must comply with NACHA rules
received comments highlighting the need for clarification on which
version of the NACHA rules will apply, as the rules are regularly
updated. The commentors suggest including a provision for a grace
period for PES providers to adopt and comply with future updates, which
could either be fixed, or flexible and proportionate to the scope and
complexity of future changes.
Postal Service Response
The rule will be re-worded to specify ``must comply with the most
recently published edition of NACHA Operating Rules & Guidelines,
published by NACHA annually.'' It is not the intention through this
rulemaking to alter or supersede NACHA rules, but to follow existing
NACHA rules and compliance that industry should reasonably understand
and expect. Under this approach, the Postal Service cannot provide
NACHA compliance exemptions as any entity involved in ACH related
activity must already comply with NACHA rules, therefore the Postal
Service will also not specify ``sections to comply with'' nor ``grace
periods''. Changes to the NACHA Operating Rules and Guidelines
typically provide for future dated requirements and therefore an
implementation period is normally provided within the NACHA rules.
NACHA Attestation of Compliance
Industry Comments
Commentors expressed opposition to the proposal's requirement for
an annual written attestation of compliance for PES providers. One
commentor opined that the requirement is unnecessary, since PES
providers are already required to provide the Postal Service with
System and Organizational Controls Reports (SOC 1 and SOC 2) that
incorporate NACHA compliance. The proposed rule's requirement of a
written plan to address any noncompliance of NACHA rules is duplicative
of the existing requirement for a remediation plan as a part of the SOC
process. If the requirement is retained, one commentor recommends that
the Postal Service should provide the text of the attestation or
clarify what the attestation must contain.
Postal Service Response
The requirement to provide an annual written attestation of
compliance will be removed.
ACH Debit Agreement
Industry Comments
Commentors expressed concerns about the proposed rule's new record-
keeping requirements for ACH agreements for PES providers. One
commenter suggested revising the requirements to minimize
administrative burden and focus only on essential information. This
commenter proposes accommodating customer agreements predating the rule
by either grandfathering them for a specified period or providing an
extended grace period, such as 12 to 18 months, for historic account
information. The comment also argues against duplicative elements, such
as the need for bank address information for every customer agreement.
Another commenter also supports the idea of a grace period for
providers to obtain and document the required contracts and suggest
making a bank address an optional requirement, since it can be derived
from the Routing/ABA number.
Postal Service Response
1. Regarding supplying the bank address information, it is agreed,
and that data element requirement will be removed.
2. Regarding requiring signature evidence of termination, it is
agreed, and that data element requirement will be removed.
3. To comply with NACHA rules, the ability to provide a copy of the
ACH Debit upon request must already be in place, therefore
``grandfathering'' an exemption to this requirement is not an option.
All customers of the providers must have an ACH Debit Agreement on file
with the provider. All terminated ACH Debit Agreements must have a
termination date noted on the agreement and the agreement must be kept
on file for at least 2 years after the termination date.
4. It is agreed that an ACH Debit Agreement ``form (hard copy or
electronic)'' revision period will be provided to update agreement
``forms'' to include the minimum data elements
[[Page 13981]]
listed until August 31, 2024. After the revision period all newly
accepted ACH Debit Agreements must include the minimum data elements
listed. During the revision period existing ACH Debit Agreement
``forms'' may continue to be used per item (3) above.
Reimbursement of Returned Payments
Industry Comments
One commenter expressed the view that the proposed rule's specific
timelines for reimbursement of the Postal Service by PES providers for
ACH returned payments do not provide sufficient time for PES providers
to work with customers on returned payments. The commenter recommends
modifying the proposed sections to extend the reimbursement timeframe.
Postal Service Response
This is a comment based on Sec. Sec. 501.15(g)(1) and
501.16(d)(1). While the text of these rules is included in the
rulemaking, changes are not being made to these existing provisions of
the rule that have been in effect prior to the proposed rulemaking. No
changes to these existing provisions were intended to be included in
this proposal, and none will be made in the final rule.
Additional Change
We also added one further conforming change to Sec. 501.16 to aid
in the implementation of these changes.
List of Subjects in 39 CFR Part 501
Administrative practice and procedure, Postal Service.
PART 501--AUTHORIZATION TO MANUFACTURE AND DISTRIBUTE POSTAGE
EVIDENCING SYSTEMS
0
1. The authority citation for part 501 continues to read as follows:
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 410,
2601, 2605; Inspector General Act of 1978, as amended (Pub. L. 95-
452, as amended); 5 U.S.C. App. 3.
0
2. Amend Sec. 501.15 by revising paragraph (g) to read as follows:
Sec. 501.15 Computerized Meter Resetting System.
* * * * *
(g) The RC must reimburse the Postal Service for returned payments
promptly, comply with NACHA rules, and maintain customer ACH debit
agreements.
(1) Financial responsibility for returned payments. The RC is
required to reimburse the Postal Service upon request for any returned
payments. The RC must, upon first becoming aware of a returned payment,
immediately lock the customer's CMRS account to prevent a meter reset
until the RC receives confirmation of payment for the returned payment.
If a fee, penalty or fine is assessed against the Postal Service for
returned payments from an RC's customer, the Postal Service may request
reimbursement for such fee, penalty or fine from the RC. The RC is
required to remit the amount of the returned payment to the Postal
Service plus the reimbursement request, to the extent applicable,
within ten (10) banking days. Invoices will be created monthly for
returns and/or applicable penalties or fines incurred for the previous
month. The ten (10) banking days will start once the invoice is mailed.
The RC has discretion to decide whether to charge its customer for any
such reimbursement costs (of fees, penalties, or fines) the RC pays to
the Postal Service in connection with the customer's returned payment.
(2) Responsibility to comply with NACHA rules. The RC is required
to comply with the most recent edition of the NACHA rules, published
annually by the North American Clearing House Association. Failure to
comply may result in revocation of access to applicable Postal Service
ACH programs.
(3) Responsibility to maintain customer ACH agreements. The RC must
obtain and store an agreement with each and every customer utilizing
ACH debit as a payment method. The customer agreement must authorize
the RC to debit the designated bank account identified to pay for
postage through the Postal Service account of its choice. The agreement
must have at least the following elements: Company Name (if
applicable), Name and Title and Address of the person entering into the
agreement, Contact Information (Phone Number, Fax Number and eMail
Address as applicable), Date and Signature (or appropriate electronic
signature evidence) of Agreement, Customer's Bank Name, Bank Routing
Number, Account Number and Account Type (Checking or Savings, Business
or Personal) being agreed to transact upon, an Attestation that the
person submitting the form is authorized to act on behalf of the
account, and Termination Date of the Agreement (if applicable). A
revision period until August 31, 2024, will be provided to update
agreement forms to include the minimum data elements listed. The
agreement must be stored for at least two years after termination of
the agreement, must be easily reproducible, and must be provided
electronically to the Postal Service within three business days of
electronic written request by the Postal Service in a format that can
be easily and readily used for all NACHA and ACH related purposes
including, without limitation, audit and defense of claims. The Postal
Service will provide specific written guidance separately if requested.
Failure to comply may result in revocation of access to applicable
Postal Service ACH programs.
* * * * *
0
3. Amend Sec. 501.16 by revising paragraphs (d) and (i)(5)(ii)(C) to
read as follows:
Sec. 501.16 PC postage payment methodology.
* * * * *
(d) The provider must reimburse the Postal Service for returned
payments promptly, comply with NACHA rules, and maintain customer ACH
agreements.
(1) Financial responsibility for returned payments. The provider
must reimburse the Postal Service upon request for any returned
payments. The provider must, upon first becoming aware of a returned
payment, immediately lock the customer account to prevent resetting the
account until the provider receives confirmation of payment for the
returned payment. If a fee, penalty or fine is assessed against the
Postal Service for returned payments from a provider's customer, the
Postal Service may request reimbursement for such fee, penalty or fine
from the provider. The provider is required to remit the amount of the
returned payment plus the amount of the reimbursement request, to the
extent applicable, to the Postal Service within ten (10) banking days.
Invoices will be created monthly for returns and/or applicable
penalties or fines incurred for the previous month. The ten (10)
banking days will start once the invoice is mailed. The provider has
discretion to decide whether to charge its customer for any such
reimbursement costs (of fees, penalties or fines) the provider pays to
the Postal Service in connection with the customer's returned payment.
(2) Responsibility to comply with NACHA rules. The provider is
required to comply with the most recent edition of the NACHA rules,
published annually by the North American Clearing House Association.
Failure to comply may result in revocation of access to applicable
Postal Service ACH programs.
(3) Responsibility to maintain customer ACH agreements. The
provider must obtain and store an agreement with each and every
customer utilizing ACH debit as a payment method. The customer
agreement must authorize the provider
[[Page 13982]]
to debit the designated bank account identified to pay for postage
through the Postal Service account of its choice. The agreement must
have at least the following elements: Company Name (if applicable),
Name and Title and Address of the person entering into the agreement,
Contact Information (Phone Number, Fax Number and eMail Address as
applicable), Date and Signature (or appropriate electronic signature
evidence) of Agreement, Customer's Bank Name, Bank Routing Number,
Account Number and Account Type (Checking or Savings, Business or
Personal) being agreed to transact upon, an Attestation that the person
submitting the form is authorized to act on behalf of the account, and
Termination Date of the Agreement (if applicable). A revision period
until August 31, 2024, will be provided to update agreement forms to
include the minimum data elements listed. The agreement must be stored
for at least two years after termination of the agreement, must be
easily reproducible, and must be provided electronically to the Postal
Service within three business days of electronic written request by the
Postal Service in a format that can be easily and readily used for all
NACHA and ACH related purposes including, without limitation, audit and
defense of claims. The Postal Service will provide specific written
guidance separately if requested. Failure to comply may result in
revocation of access to applicable Postal Service ACH programs.
(4) Credit cards. Unless otherwise established in a written
agreement between the Postal Service and the provider, the provider is
fully responsible for its own credit card compliance.
* * * * *
(i) * * *
(5) * * *
(ii) * * *
(C) Authorizes the PC Postage provider to disclose the customer's
personal information to the Postal Service, and such other information
retained by the PC Postage provider that may enable the Postal Service
to collect debts owed to it, and has the proper authority to disclose
such information;
* * * * *
Sarah Sullivan,
Attorney, Ethics & Legal Compliance.
[FR Doc. 2024-03079 Filed 2-23-24; 8:45 am]
BILLING CODE 7710-12-P
